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Coop. Agr. Le Otto Terre

Terms and conditions of sale

  1. Premises
    The Le Otto Terre Agricultural Cooperative (hereinafter, the Cooperative) also distributes its products through the website ottoterre.com (hereinafter, the Website or the Site). These general terms and conditions of sale (hereinafter, the General Conditions) apply to sales made through the Website and must be explicitly and obligatorily accepted before purchasing a product. Purchases are not permitted without explicit consent to the General Conditions.
    The Cooperative reserves the right to modify the content of these General Conditions at any time, in whole or in part, by notifying the person who has consented to such contact at least 30 days in advance by email. For this reason, explicit consent to the General Conditions must be renewed with each purchase.
  2. Site ownership – Products offered
    The owner of the Site is the Cooperative, which has its registered office in Tufo (83010 Avellino IT), Via Stazione, Lotto A4, with Fiscal Code and VAT number IT02427440645. The Cooperative also distributes and sells its products directly through the Site. The products sold directly through the Site form a stable, yet variable, catalogue, given the nature of the products and the possibility of adding new ones. It may happen that a product or assortment of products is offered through formulas that are naturally subject to quantity and/or time limits (e.g. the so-called flash deal). The products sold through the Site are essentially alcoholic and therefore their sale is subject to the restrictions of Legislative Decree no. 14 of 20 February 2017. Other food categories may be added from time to time. The Cooperative will issue an order confirmation to the buyer who has completed a purchase through the Site.
  3. Registration on the Site
    The Site is intended exclusively for adults, in compliance with Legislative Decree no. 14 cited above. Browsing the Site is free, but the sales services are accessible only after a free registration process, during which the user (hereinafter, the User or the Users) must provide the personal data necessary to use the services. Registration on the Site may take place using technologies integrated with other services, but in general, you will be asked to choose a username and password, which will constitute the credentials for authentication to the services offered by the Site (hereinafter, the Credentials).
    The registered User undertakes not to transfer these Credentials to third parties, even temporarily, and must be aware that it will be his or her responsibility to keep them with due care, diligence, and confidentiality.
    The Credentials, regardless of the technology provided for registration (for example, through the use of token), are the tool used to identify the User, to allow access to the Site’s services and, ultimately, to finalize a purchase. Actions performed using these Credentials will be attributed to the User and will be binding on them. The User is required to immediately inform the Cooperative of any unauthorized or improper use of their Credentials or any violations by third parties. If the Cooperative finds any violations of these General Conditions, it may, at its sole discretion, block the User’s access and permanently delete the related information. The Cooperative recognizes the User’s right to privacy and therefore, at any time, to update and/or modify or request the deletion of the information provided during registration. The deletion request may be delayed only for the time necessary to process any purchases made and/or complete accounting and tax procedures.
  4. Conditions of the offer
    The products on the Site are intended for consumers (hereinafter, the Consumer) and are sold at the price shown on the Site. The prices of the products for sale are expressed in euros and include VAT. The Cooperative’s commercial policy reserves the right not to process orders from persons other than the Consumer. However, the commitment not to sell to minors remains unchanged and is reiterated here. By completing a purchase, the User implicitly guarantees that he or she is of legal age as a consumer and that of the recipient of the purchase, if different from the User.
    Shipping costs for goods may be fixed or variable and may be calculated based on the weight or number of items selected. Shipping costs also include VAT, and the destination address of the products may affect their final cost. Shipping costs are always separate from the order amount and may be free if the order exceeds a certain value or the number of products purchased exceeds a certain minimum. The User is always informed of the shipping costs before completing the purchase process and making payment.
    The product images on the Site accompany the product information sheets or an offer and may not be fully representative of the product’s features, but may differ in any way. Each product and each offer is accompanied by informational materials prior to purchase: these are intended as general informational material and therefore do not refer to the actual features of a single offer.
    Offers may be valid for a limited number of items or for a limited time, after which they may no longer be available. The validity date and/or available quantity of offers are displayed on the Site so that the User can review them. The Cooperative reserves the right to modify the duration or quantity of an offer at any time and at its sole discretion. The Cooperative will be bound to fulfill orders placed during the offer’s validity period. The same offer may be repeated multiple times.
    The Cooperative, if the conditions are met, will refund the User, at its sole discretion and in full or in part, if the availability of an ordered product ceases after purchase. When an offer consists of variants of the same product, the User may be asked to specify one or more purchasing preferences. In this case, the User should be aware that they may receive a different product variant than the one actually selected at the time of purchase.
  5. Order procedure and payment methods – Gift card
    Each order submitted constitutes an offer to purchase the products. Orders are subject to availability and the Cooperative’s discretionary acceptance.
    That said, once the terms of the offer have been acknowledged, the User may complete the order by following the procedure on the Site.
    Before finalizing the order, a summary will be displayed indicating the unit cost of the selected item and the total, if multiple quantities of the same item or different items have been ordered. The summary will also inform the User of the shipping costs.
    As the final step of the order process, the User must proceed with payment after carefully checking and modifying the information in the order summary if necessary.
    Payment must always be made to the Cooperative, which does not sell its products through third parties, and will be implicitly understood as an order confirmation. Accepted payment methods, unless otherwise specified or agreed with the User, include major international credit/debit cards (Visa, MasterCard, BancoPosta, Pago Bancomat, American Express, PayPal accounts, and bank transfers). Payment methods and circuits other than these, especially popular for online payments, may also be used. Payment may also be made by deducting any gift cards held by the User. Gift cards are gift vouchers issued by the Cooperative and, in all respects, constitute a product that can be purchased on the Site. Therefore, the same rules as other products apply, both in terms of purchase and withdrawal. Generally, since they are gift vouchers, the recipient will likely be different from the User. The beneficiary, on the other hand, by using the gift card for his purchases, will guarantee his majority as a User, even occasional, of the Site.
    Once the order is completed, the User will receive a summary email with the information relating to the order placed. The order summary email does not constitute acceptance of the order. The summary email will also contain the delivery and billing addresses. In the case of bank transfer, the summary email will include the bank details (IBAN), the transfer amount and the order number. Payment by bank transfer must be made within any terms indicated and in any case no later than 10 (ten) days from the order summary email, after which it may not be possible to guarantee the fulfillment of the goods. In this case, the company will refund the user any payment received after the deadline at no additional cost and via bank transfer.
    In some cases, an item may become unavailable after purchase. The Cooperative will refund the User, if applicable.
    Unless otherwise specified in the offer, the amount due will be charged upon payment confirmation. Following successful payment, the Cooperative will ship the goods via courier. If the User realizes that he/she has provided incorrect and/or incomplete personal data or a shipping address, he/she must promptly notify us within the order processing deadlines by sending an email to clienti@ottoterre.com. In all cases, the User will be solely responsible for any incorrect and/or incomplete personal information or delivery address, with the consequent risk of forfeiting the amount paid if the goods are delivered to someone other than the intended recipient.
  6. Transaction Security
    The Cooperative does not process or store payment information (credit card numbers, for example), which is processed and/or stored by the relevant payment platform providers. Online payments are made using secure procedures, technologies, and protocols based on current knowledge. Once the transaction is completed, the payment platform provider communicates the outcome of the payment to the Cooperative, without providing any sensitive information.
    As it does not actively intervene in the payment process, the Cooperative has no control over the refusal of the payment method (credit or debit card, for example) or the failure of the purchase. Therefore, it cannot be held liable in any way for direct or indirect consequences arising from the use of this payment method by the User to pay for the products and/or services purchased.
  7. Discounts
    The Cooperative may grant the User discount codes issued on special occasions (hereinafter, the Discounts or the Discount), which the User may use when purchasing products.
    Discounts are represented by an alphanumeric code. Their value in Euros is established by the Cooperative at its sole discretion. The User can use the Discount by entering the relevant code in the CART TOTAL section in the field of the form that opens by clicking on Add coupons or on the arrow immediately to the right.
    The discount you enter will be automatically deducted from the total amount of your order, excluding any shipping costs.
    Unless otherwise expressly indicated, promotional Discounts cannot be added to other promotions or combined on the same order. Generally, they are valid for a limited time, after which they can no longer be used. Discounts may be valid for a minimum spend or a minimum number of products; below these minimums, they may not be applied.
    Unless otherwise specified, Discounts are personal and tied to the Site User through their Account. Each Discount will automatically be invalidated once validly used for a purchase. Discounts cannot be sold, assigned, and/or transferred to third parties without the express authorization of the Cooperative. The Cooperative reserves the right to cancel any previously issued Discount, even before its expiration, without having to justify the reason and without the right to compensation or reimbursement.
    The Cooperative may offer discounts to Users who promote the Site to acquaintances, friends, and family members, or through social networks. To enable this, the Site may include features that promote its dissemination or sharing on social networks. For each new member of the Site following such activities, as outlined above, who accepts offers within a certain period of time, the Cooperative may offer the User a discount of a value determined from time to time at the Cooperative’s discretion, to be used on their account for a subsequent purchase. The Cooperative reserves the right to deny discounts issued to Users who misuse them, without notice and without recognizing any right to compensation or damages.
  8. Shipping and delivery
    The Cooperative accepts orders for delivery exclusively within Italy, including the islands, with the exception of San Marino, Vatican City, Livigno, and Campione d’Italia which are duty-free territories.
    The Cooperative guarantees that shipment, unless otherwise specified on the product page, will occur as soon as possible and in any case no later than 10 (ten) business days from the date on which full payment for the order is confirmed. If the goods become unavailable for any reason after receiving the order, a refund of any payment received will be issued at no cost to the User.
    The User may be informed by email of the moment in which the product is shipped by the company and, if available, the name of the courier and the tracking code of the shipment (Waybill or Tracking Number), through which it will be possible to follow its status.
    Once the shipment has been handed over to the courier, the Cooperative cannot guarantee a specific delivery date or time, as this depends on the courier, the destination address, and the person responsible for delivery. The Cooperative cannot therefore be held liable for any direct or indirect consequences arising from failure to meet deadlines over which it has no control. Unless otherwise specified during the purchase process, delivery of the ordered items is intended to be at street level.
    For the shipment of all its bottles, the company uses suitable, courier-approved packaging designed to guarantee product integrity. Upon delivery of the goods by the courier, the User will check the integrity of the packaging and certify that it is not damaged or otherwise altered, including the sealing materials (adhesive tape or strapping), and that no liquid has leaked. Any damage to the packaging and/or the product must be immediately reported by the User to the courier, who will submit a written reservation for inspection, specifying the reason for the reservation (e.g., Punctured packaging, Crushed packaging, etc.) on the courier’s delivery note. Once this document has been signed, the User may no longer raise any complaints regarding the characteristics of the delivered goods. Even if the packaging is intact, the User may report any issues relating to the physical integrity of the product, the non-compliance of the products with the purchase order, or any incompleteness of the products received no later than 3 (three) days after delivery, by email to clienti@ottoterre.com. If the goods are not delivered within the indicated timeframe, the User must notify the company, which will verify the status of the shipment and identify any anomalies with the courier. If the non-delivery is due to problems that cannot be resolved otherwise (for example, a lost, stolen, or destroyed package during transport), the Cooperative will resend the product, subject to stock availability and at no additional cost or expense to the User or will issue a full refund for the order.
  9. Right of withdrawal
    The User, as a consumer, has the right to withdraw from the purchase contract concluded with the Cooperative without any penalty and without having to provide any reason, within 14 (fourteen) working days pursuant to and for the purposes of Article 52 paragraph 1 of the Consumer Code, which starts from the day of receipt of the product purchased on the Site.
    The User may exercise the right of withdrawal, pursuant to Article 54, paragraph 1, using the form in Annex I, Part B or by submitting any other explicit declaration of their decision to withdraw from the contract, to be sent by registered letter with return receipt or PEC to the addresses or fax numbers listed at the end of these General Conditions. The registered letter with return receipt, certified email, or fax must include the product and order number.
    The User is responsible for proving that they acted within the timeframe and in the manner required to correctly exercise their right. Following the correct exercise of their right, the User will also be responsible for returning the goods without undue delay and in any case within 14 (fourteen) days from the date on which the User communicated to the company their decision to withdraw from the contract pursuant to the following paragraph 4 of the same Article 54.
    The Cooperative will subsequently inform the User of the shipping address and the details necessary to identify the return at its destination, providing a transport document that the User will attach to the packaging. It is advisable to print two copies of this document, one of which can be included in the shipment, to avoid loss or the inability to identify the return once it reaches the warehouse. Shipping costs for the returned goods will be borne by the User, unless the Cooperative has notified the User of this upon conclusion of the contract, in accordance with Article 57 paragraph 1.
    The Cooperative reserves the right to verify that the product, for which the User is solely responsible pursuant to Article 57 paragraph 2, is in the same condition in which it was delivered and that its essential and qualitative characteristics have not been altered, and that it retains its original packaging and labeling. If the original packaging is unavailable, the User will be required to return the product appropriately packaged to preserve its integrity. The Cooperative may refuse to accept returns for food products that have been consumed, even partially.
    Pursuant to Article 59, goods made to measure or personalized or which by their nature cannot be returned or even are subject to rapid alteration or deterioration are excluded from the right of withdrawal.
  10. Refunds
    The Cooperative undertakes, if applicable, to provide the refund as soon as possible, pursuant to Article 56 paragraph 1 of the Consumer Code, and in any case no later than 14 (fourteen) days from the date on which the event giving rise to the refund occurred and, in the event of withdrawal, from the day on which it became aware of the correct exercise of the User’s right.
    The Cooperative will refund the purchase using the same payment method used by the User for the initial transaction, unless otherwise agreed with the User and provided that the agreed-upon payment method is not more costly for the Cooperative. The Cooperative will not be required to refund delivery costs if the User has expressly chosen a different, more costly delivery method from those offered on the Site. It is understood that the Cooperative may withhold the refund until it has received the goods.
  11. Responsibility of the Cooperative
    The Cooperative will not be liable for damages resulting from use of the Site, such as computer viruses, omissions, service interruptions, and software failures, including damage to the User’s computer equipment, which prevent or delay the provision of services if these are due to external causes, force majeure, and/or third parties beyond the control of the Cooperative, as the owner of the Site.
    The Cooperative will only be liable for any defects or non-conformities found and ascertained in the products offered for sale.
    In any case, the Cooperative cannot under any circumstances be held liable for delays, defects, or discrepancies resulting from events beyond its reasonable control, such as, but not limited to, force majeure events or events resulting from third-party actions, such as the interruption or malfunction of telecommunications operator services and/or power lines, or acts or omissions by carriers or freight forwarders.
  12. Privacy
    Personal data is collected and processed in order to respond to User requests. The Cooperative guarantees its Users that it operates in compliance with the legislation on the processing of personal data, governed by EU Regulation 679/2016 (GDPR) and by the Privacy Code pursuant to Legislative Decree no. 196/2003. The privacy policy is to be considered an integral and substantial part of these General Conditions and is accessible on the privacy page of the Site. The data controller is the Cooperative, which appoints a pro-tempore DPO (Data Protection Officer). Any request or communication relating to the processing of personal data must be addressed, by registered mail or certified email, to:
    Coop. Agr. Le Otto Terre
    Via Stazione, Lotto A4
    83010 TUFO AV IT
    ottoterre@pec.it
    Tel./Fax +390825998318
    Upon registration, the User may be asked to consent to receiving commercial information, including through newsletters. The User is free to decide whether or not to consent.
  13. Cookies
    For the Site to function properly, the use of cookies is necessary. Cookies are used to profile users and obtain information on their terminals, operating system, IP address, and browser, in order to offer the User a better browsing experience. This data is generally statistical and does not contain sensitive information. Users can opt out of cookies during their browsing session. Further information on the use of cookies can be found here.
  14. Conciliation procedure. Applicable law and jurisdiction.
    These General Conditions will be governed in all respects by Italian law.
    For any dispute concerning the interpretation, execution and/or termination of the contract between the User and the Cooperative or between the User and the Technology Partner with whom the Site was designed and put online, or between the Cooperative and the Technology Partner, the parties (hereinafter, the Parties) mentioned above have the right to initiate the conciliation procedure.
    The conciliation procedure will be carried out in accordance with the provisions of Article 49 paragraph 1 letter V of Legislative Decree no. 206 of 6 September 2005 (Consumer Code).
    If the conciliation procedure is unsuccessful or the User or Partner has not completed the conciliation procedure, the Parties may appeal to the judicial authorities. In any case, the Parties expressly acknowledge that the competent court shall be the Court of the User’s place of residence or domicile, if the User can be considered a consumer under the applicable laws. If the User is a professional, the competent court shall be the Court of Avellino.